Posted Sat Aug 09 23:34:27 EAT 2014

Draft bill proposes harsh penalties against gays

By CAROLINE WAFULA

In Summary

The Republican Liberty Party has proposed stoning of gay people to death in public or life imprisonment.

The latest move comes just a few days after the Ugandan Constitutional Court declared as null and void the Anti-Homosexuality Act 2014 on a technicality.

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Whether or not Kenya will legislate against gay practice is now a subject under parliamentary consideration after a political party asked Parliament to do so.

The Republican Liberty Party has proposed stoning of gay people to death in public or life imprisonment.

The party has presented to the National Assembly a draft Bill prohibiting any form of sexual relations between people of the same sex.

The Anti-Homosexuality Bill is now before the Justice and Legal Affairs committee which will consider the proposal and report back to members on its decision.

The draft Bill presented alongside a petition by the party’s legal secretary Edward Onwong’a Nyakeriga provides for the offence of sodomy which would earn life imprisonment.

They propose death by stoning in public for any foreigner who commits a homosexual act and a life imprisonment for Kenyan nationals found guilty.

SPECIAL CASES

Anyone found guilty of aggravated homosexuality would also be stoned to death in public.

Aggravated homosexuality in this case would include committing the acts with people below 18 years, if the offender is a person living with HIV, if those persons committing the act are persons in authority over their victims, serial offenders and where a victim is a person with a disability.

The petitioner states that the Bill aims at strengthening the nation’s capacity to deal with emerging internal and external threats to the traditional heterosexual family.

“There is need to protect children and youth who are vulnerable to sexual abuse and deviation as a result of cultural changes, uncensored information technology, parentless child developmental settings and increasing attempts by homosexuals to raise children in homosexual relationships through adoption, foster care or otherwise,” the petitioner states.